Association of American Law Schools
2003 Annual Meeting
Washington, D.C.
Thursday, January 2 - Sunday, January 5, 2003

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Home 		Friday, January 3, 2003
8:45 a.m.-5:30 p.m.
 Annual Meeting Workshop on Dispute Resolution:
Raising the Bar and Enlarging the Canon

Concurrent Session: Where and How to Teach ADR in Law School Curriculum




James Coben, Hamline University
L. Randolph Lowry, Pepperdine University
Suzanne Schmitz, Southern Illinois University

 

The program will begin with a survey of the audience as to their experience in teaching Alternative Dispute Resolution (ADR) classes so that the program can be directed to the needs of most of the audience.

With the help of the audience, we will develop an inventory of the means in which ADR is currently being taught in law schools across the nation. Our inventory will include the examination of:

  • Stand-alone ADR courses;
  • The infusion of ADR into the first year and upperclass courses;
  • ADR clinics and practicums;
  • Study abroad programs;
  • Moot court competitions;
  • Writing competitions and awards;
  • Extracurricular methods of teaching about ADR; and
  • Other means

We will spend some time analyzing the pros and cons of various approaches. We also will explore the risks of too much focus on ADR. How do we ensure that the "second generation" of ADR teaching moves from the margins to the core of legal education?

Using interactive methods, we will dream about the ADR curriculum of the future, including the increased use of multi-disciplinary classrooms and teaching, the infusion of ADR into more of the curriculum, and the use of team-teaching among other ideas.

Finally, we will develop an action agenda of items that would enrich our teaching, considering such matters as textbooks, exercises, videos, and other supplemental materials.

   

ADR and Legal Education Articles
Compiled by Suzanne Schmitz
     
  1. Symposium, Alternative Dispute Resolution in the Law Curriculum, 34 J. LEGAL EDUC. 229 (1984).

  2. Kathleen W. Marcel & Patrick Wiseman, Why We Teach Law Students to Mediate, 1987 J. DISP. RESOL. 77 (1987).

  3. Symposium, Developments in Alternative Dispute Resolution, 37 J. LEGAL EDUC. 26 (1987).

  4. Jacqueline M. Nolan-Haley & Maria R. Volpe, Teaching Mediation as a Lawyering Role, 39 J. LEGAL EDUC. 571 (1989).

  5. Janet Weinstein, Teaching Mediation in Law Schools: Training Lawyers to be Wise, 35 N.Y.L. SCH. L. REV. 199 (1990).

  6. Beryl Blaustone, Training the Modern Lawyer: Incorporating the Study of Mediation into Required Law School Courses, 21 SW. U. L. REV. 1317 (1992).

  7. Karen D. Kraemer, Teaching Mediation: The Need to Overhaul Legal Education, ARB. J., Sept. 1992, at 12.

  8. Carrie Menkel-Meadow, To Solve Problems, Not Make Them: Integrating ADR in the Law School Curriculum, 46 SMU L. REV. 1995 (1993).

  9. John D. Feerick, ADR in Law Schools: The New Curricula, DISP. RESOL. J., April 1996, at 60.

  10. Kimberlee K. Kovach, ADR Education: The Promise of Our Future, DISP. RESOL. J., Sept. 1996, at 56.

  11. John Barkai, Teaching Negotiation and ADR: The Savvy Samurai Meets the Devil, 75 NEB. L. REV. 704 (1996).

  12. James H. Stark, Preliminary Reflections on the Establishment of a Mediation Clinic, 2 CLINICAL L. REV. 457 (1996).

  13. Symposium, Dispute Resolution in the Law School Curriculum, 50 FLA. L. REV. 583 (1998).

  14. Edwin H. Greenebaum, On Teaching Mediation, 1999 J. DISP. RESOL. 115 (1999).

  15. Catherine Morris, The Moulding of Lawyers: ADR and Legal Education, 17 WINDSOR Y.B. OF ACCESS TO JUST. 271 (1999), available at WESTLAW, 17 WINDYBAJ 271.

  16. Suzanne J. Schmitz, Giving Meaning to the Second Generation of ADR Education: Attorneys' Duty to Learn about ADR and What They Must Learn, 1999 J. DISP. RESOL. 29 (1999).

  17. Ellen Zweibel, Where Does ADR Fit in the Mainstream Law School Curriculum, 17 WINDSOR Y.B. OF ACCESS TO JUST. 295 (1999), available at WESTLAW, 17 WINDYBAJ 295.

  18. Symposium, Mediation 2000: Training Mediators for the 21st Century, 38 FAM. & CONCILIATION CTS. REV. 1 (2000).

  19. Lela Porter Love, Twenty-Five Years Later with Promises to Keep: Legal Education in Dispute Resolution and Training of Mediators, 17 OHIO ST. J. ON DISP. RESOL. 597 (2002).

  20. Lori S. Schreier, Emotional Intelligence and Mediation Training, 20 CONFLICT RESOL. Q. 99 (2002).

 

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